Jul 05, 2013 4:38 PM

Pete Daoust

QUESTION: Civil Code of Quebec ( I know it's boring to discuss this but I'm IN Quebec)

Article 397. A spouse who enters into a contract for the current needs of the family also binds the other spouse for the whole, if they are not separated from bed and board.

However, the non-contracting spouse is not liable for the debt if he or she had previously informed the other contracting party of his or her unwillingness to be bound.

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QUESTION:So if my WIFE publish a Notarized LEGAL NOTICE in the newspaper saying that she has NOTHING TO DO with ANY of commercial stuff I'm contracting in, that should be enough for her to NOT suffer from my DECISIONS for my PERSON ?

Thanks Pierre

Read Comments

Scott N Tara

Jul 05, 2013 5:03 PM

That would put the removal of presumption on the Public Record. You can then correct any presumption, by giving notice.

Cara Small

Jul 05, 2013 6:40 PM

Excellent question Pete! VERY useful.

Pete Daoust

Jul 05, 2013 9:05 PM

OK, Roguesupport Nx, in that Notice, would it be ok and correct to SPECIFY: any PAST, present and future contract that MY husband is engaged in ?

Thanks Pierre

Stuart Stone

Jul 06, 2013 7:52 AM

'nunc pro tunc' would probably be the phrase you're looking for Pierre

Pete Daoust

Jul 07, 2013 3:54 PM

A judgment nunc pro tunc is an action by a trial court correcting a clerical (rather than judicial) error in a prior judgment. A nunc pro tunc may be signed even after the trial court loses its plenary power. For appellate purposes, a nunc pro tunc judgment correctly taken ordinarily does not extend appellate deadlines.